Judge tosses suit brought by Citizens for St. Patrick's in Watervliet

WATERVLIET -- A state Supreme Court judge Monday dismissed legal action brought by the preservationist group Citizens for St. Patrick's.

The decision means the sale of the property and commercial plans for the site are moving ahead, though the group did express an interest in an appeal.

In mid-December, the group, represented by attorney Rosemary Nichols, filed a 10-page motion to intervene and to reargue the court's initial decision that approved the sale of the 3.5 acre lot, including the church, school and rectory, on a main street in Watervliet. That motion was filed against the parish and PCP Watervliet, which was formed by Nigro Companies to handle the project.

Judge Kimberly O'Connor, according to a nine-page transcript of Monday's proceedings, said, "And I think in my review of the case law, basically the answer to the question of do you have the ability to file that notice of pendency and ability to bring that action, the answer is no."

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She also said the group were being "disingenuous" when saying they had not been able to present their side on the issue.

Nichols and members of the Citizens for St. Patrick's were contacted for comment but no one was available except Christine Bulmer, a leader in the organization, who had been sick and had not yet heard about the decision.

In the transcript, however, Nichols had said she was interested in appealing.

Still, the legal representation for Nigro, according to the transcript, was expecting the sale of the property to go through by the end of the day Monday with the court decision.

"In a perfect world, St. Patrick's would stand forever, full to overflowing with parishioners. The reality is the buildings are unused and deteriorating, and our small parish community has struggled for years to raise enough money for constant repairs and upkeep," said Father L. Edward Deimeke, noting that review of the parish buildings began in 2005 and it was determined in 2010 that St. Patrick's should close.

The proceeds from the property sale, Deimeke said, would go towards the parish, currently located at the Immaculate Conception church in Watervliet.

John Nigro with the Albany-based development firm added, "We recognize our responsibility to ensure that this project is a long-term credit to the Watervliet community."

In an interview earlier this month, Nigro said he expected construction to start "anytime" after the holidays.